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MoD under fire for asking wounded soldier to return £11,000 compensation “because of mistake” (21 July 2014)

Date: 21/07/2014
Duncan Lewis, Personal Injury Solicitors, MoD under fire for asking wounded soldier to return £11,000 compensation “because of mistake”

The Ministry of Defence (MoD) is demanding the return of £11,000 paid out to a soldier whose arm was shattered in Afghanistan – because the ministry claims it “made a mistake”.

Compensation is paid to servicemen and women injured in training or live combat under the Armed Forces Compensation Scheme. Injured service personnel can also make compensation claims through the civil courts.

The Mirror newspaper reports that Adrian Whitehead, 38, completed two tours of duty in Afghanistan as a tank crewman in the King’s Royal Hussars.

He was injured in 2009, when a corporal in his regiment “flipped” and shattered his arm using a cricket bat.

He continued serving, but was downgraded as a result of his injury. When he left the Army, he was on a £23,000 salary.

In 2011, Mr Whitehead was awarded £11,800 under the Armed Forces Compensation Scheme.

However, two years later he was contacted by the MoD to say that he was not entitled to the award because his health had improved before he left the Army.

The MoD said that because his state of health had improved from grade P3 to P2, the money must be repaid – despite the fact that Mr Whitehead has never returned to grade P1, the code for full fitness.

He says he was “gobsmacked” when he received the letter. Mr Whitehead said he received a “blunt” letter from the MoD, which stated:

“Your entitlement to this award is now cancelled – and once an overpayment is discovered we are legally required to recover it.”

Mr Whitehead says that he will not repay the money he was awarded as he has already spent it. He says the money was given to him “fairly” under the Armed Forces Compensation Scheme. However, he has now received several letters demanding that he repay the money – despite struggling to find work and suffering constant pain in his arm since he left the Army.

“I’ve been treated appallingly…” said Mr Whitehead. “I want Mr Cameron to know I’ll be fighting all the way to keep my money.”

A spokesman for the MoD told The Mirror:

“We have a duty to the taxpayer to ensure that public money is used appropriately – and where mistakes happen, we have a responsibility to reclaim it.”

It is thought the MoD has rejected more than 11,000 claims from injured service personnel since 2006 on the grounds of being “false” or “exaggerated”.

In June, The Mirror reported that the MoD had “spied” on more than 350 service personnel who won compensation.

Figures released under a Freedom of Information request by the Sunday People revealed that surveillance on Armed Forces personnel who win compensation has been ongoing since 2003, including the use of private detectives.

The MoD said that surveillance had only been carried out on those who were taking legal action against the MoD for compensation through the civil court.

Duncan Lewis Personal Injury Lawyers – Claims Against MoD & Military Accident Claims

Duncan Lewis is a leading firm of personal injury lawyers and can advise Armed Forces personnel injured in live combat, training exercises or military accidents as a result of someone else’s negligence on how to make a no win no fee compensation claim under the Armed Forces Compensation Scheme and via the civil court.

Duncan Lewis personal injury lawyers can also advise the loved ones of Armed Forces personnel killed as a result of negligence on how to make a no win no fee Fatal Injuries Claim in the civil court.

Personal injury claimants usually have three years from the date of injury – or the death of a loved one – in which to make a no win no fee compensation claim.

For expert legal advice on claiming under the Armed Forces Compensation Scheme or Claims Against MoD in the civil court, contact Duncan Lewis personal injury lawyers on 020 7923 4020.


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